Untitled Document

ANNOUNCEMENTS:

The following changes are proposed to the Local Rules. Please make any comments to our e-mail address at info@fifthdist.org. We appreciate your feedback. Thank you.

PROPOSED CHANGES TO THE LOCAL RULES OF THE FIFTH DISTRICT COURT OF APPEALS:

RULE 5. DISMISSALS FOR FAILURE TO PROSECUTE THE APPEAL

Unless the appellant demonstrates that no undue delay and no prejudice to appellee has been caused by the failure to comply with the rules, the following shall be deemed good cause for dismissal of an appeal, sua sponte, for failure to prosecute:

(A) Failure to timely order in writing any necessary transcript of proceedings from the court reporter;

(A) ~~(B)~~ Failure to cause the record on appeal to be timely transmitted to the clerk of this Court;

(B) ~~(C)~~ Failure to timely file the brief or otherwise fail to comply with all the
provisions of App.R. 16 or Loc.App.R. 9;

(Adopted effective May 1, 1997; Revised effective TBD_).

RULE 7. EXPEDITED CASES

(A) A criminal appeal by the state as of right or a civil appeal of the type listed under section (F)(3) of the Docketing Statement must be expedited by this Court. Therefore all parties shall give their prompt attention to such appeals and prosecute them diligently. Requests for extensions of time to transmit the record or to file the briefs should be minimized.

(B) Any request for oral argument pursuant to App.R. 11.2(C)(4) must be made by separate motion no later than the date the requesting party files its brief.

(C) Oral arguments on expedited cases, once scheduled, will not be continued absent a showing of extraordinary circumstances. Oral arguments will be scheduled on the earliest available date and, if necessary to expedite, will be held in any county within the Fifth Appellate District.
(Adopted effective May 1, 1997; Revised effective TBD ).

RULE 9. THE BRIEFS

(A) General Requirements. In addition to filing the four copies of each brief as required by App.R. 18(B), a CD-ROM or 3½” floppy disk containing a copy of the brief, saved in Word, WordPerfect or Adobe Acrobat® PDF format shall be filed, if possible. The floppy disk or CD-ROM should be identified or marked with Case Name, County and Case Number and should be affixed to a copy of the brief (for example, secured to a copy of the brief by clippie, tape or in an envelope designed to hold a floppy disk or CD-ROM).

If a party cannot comply with the requirement to provide a copy of the brief saved on a CD-ROM or 3½” floppy disk, instead of filing the CD-ROM or 3½” floppy disk, that party shall file a notice indicating the inability to comply.

(B) Contents of Brief. In addition to the requirements of App. R. 16, the brief of appellant shall contain clear copies of the following:

(1) The judgment entry appealed from; (Handwritten judgment entries are inappropriate and shall not be considered by this Court except for uniform traffic citations. See Ohio Traffic Rules);

(2) Any opinion of the trial court announcing the decision reflected by the judgment entry appealed from;

(3) Any written fact findings and conclusions of law signed and/or adopted by the trial judge contained in the record on appeal; and

(4) Where a summary judgment is appealed, a statement on a separate page following the assignments of error, declaring whether the claim is that the judgment is inappropriate as a matter of law on the undisputed facts or that a genuine dispute exists as to a material fact or facts, coupled with a separate statement of the specific fact issue or issues claimed in the trial court to have been material and genuinely disputed. See North v. Pa. Ry. Co., 9 Ohio St.2d 169, 224 N.E.2d 757, syllabus 2.

(C) Length of Briefs. In addition to the requirements of App. R. 16, no brief by any party in an appeal or original action, ~~whether appellant's or appellee's brief or cross-appellant's or cross-appellee's brief~~, excluding appendices, table of contents, table of cases, statement of assignments of errors, and statement of the issues, shall exceed thirty pages, unless, upon a motion requesting an increase of a specific number of pages and the showing of good cause, this Court orders otherwise. No reply brief shall exceed fifteen pages.

(D) Font Requirements. The text of all documents shall be at least 12-point, double-spaced noncondensed type. Footnotes and quotations may be single-spaced; however, they shall also be in 12-point, noncondensed type. As used in this provision, "noncondensed type" shall refer either to Times New Roman type or to another type that has no more than 80 characters to a line of text.

(E)~~(D)~~ Length of Time for Filing a Brief. In extension of App. R. 14(B), motions for enlargement of time to file a brief shall state the number of previous extensions granted pursuant to that rule. A motion to file a brief instanter must state that the brief was delivered to the clerk for filing with the motion to file instanter.

(F)~~(E)~~ Filing and Service of Briefs on Cross-Appeal. In extension to App. R. 18, a cross-appellant shall serve and file the cross-appellant brief within the same time guidelines as apply to an appellee brief. The cross-appellee/appellant shall serve and file the cross-appellee brief and may serve and file an appellant reply brief within twenty days after service of the cross-appellant brief. The cross-appellant may serve and file a reply brief within ten days after service of the cross-appellee's brief.

CREDIT(S)

(Former Rules 4, 5, and 7 adopted effective October 1, 1981; amended effective May 29, 1984; August 30, 1995; amended and renumbered as Rule 9 effective May 1, 1997; amended effective Habyart 1, 2008; Revised effective TBD ).

RULE 13. PRESIDING JUDGE AND ADMINISTRATIVE JUDGE

A presiding Judge and an administrative judge shall be elected pursuant to Supt. R. 3 and 4. The election shall be designated by judgment entry ~~signed by three Judges of this Court and filed with the Clerk of this Court~~ in Stark County. Such designations and duties shall continue until further order of this Court.
(Adopted effective February 10, 1981; Amended effective TBD ).